Can a judgment be set aside on appeal because of a failure to make a specific finding?

California, United States of America


The following excerpt is from Spindler Realty Corp. v. Monning, 243 Cal.App.2d 255, 53 Cal.Rptr. 7 (Cal. App. 1966):

The court made extensive findings as to all material facts necessary to support the judgments. In the absence of a written request for a specific finding 'as provided in section 634, a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.' (Auer v. Frank, supra, at 406, 38 Cal.Rptr.

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